Allgemeine Mietbedingungen
General terms and conditions for car hire with Elizabeth Rent a Car S.L
Rechtlicher Hinweis: Dieses Dokument ist eine Übersetzung, die ausschließlich zu Informationszwecken bereitgestellt wird und in allen Einzelheiten nicht rechtsverbindlich ist. Maßgeblich ist allein die spanische Fassung. Im Falle von Abweichungen oder Auslegungsunterschieden gilt ausschließlich die ursprüngliche spanische Version https://autoselizabeth.com/es/condiciones-generales-del-alquiler-de-coches/
These general terms and conditions govern the self-drive car hire agreement entered into between AUTOS ELIZABETH RENT A CAR S.L., trading as Elizabeth Rent a Car, Tax Identification Number (NIF) B35144260, with registered office at CAMINO LAS CUESTAS 13, TIAS, LANZAROTE, hereinafter referred to as “Autos Elizabeth”, and the person identified as the customer or hirer in the hire agreement.
The specific terms set out in the contract, the confirmed booking, the vehicle condition report, the photographs taken at handover and return, the agreed rate and the accepted annexes form an integral part of the contract.
The handwritten or electronic signature on the contract implies that these general terms and conditions have been read and accepted, without prejudice to the customer’s rights under applicable legislation.
1. PURPOSE OF THE CONTRACT
Autos Elizabeth provides the customer, on a self-drive rental basis, with the vehicle identified in the contract, together with its keys, documentation, equipment, tools and accessories.
The vehicle is handed over in a satisfactory condition in terms of operation, maintenance and safety, except for any damage, cosmetic defects or incidents noted in the contract, the handover report or the photographic record made available to the customer.
The customer undertakes to:
a) Use the vehicle with due care and in accordance with its technical specifications.
and return, the agreed rate and the accepted annexes fo
b) Comply with current legislation governing traffic, the use of motor vehicles and road safety.
c) To comply with the manufacturer’s instructions for use and the guidance provided by Autos Elizabeth.
d) To take care of the vehicle, its keys, documentation, accessories and equipment.
e) To take all reasonable measures necessary to prevent damage, breakdowns, theft or harm to the vehicle or to third parties.
Where the handover takes place without a member of Autos Elizabeth’s staff being physically present, the customer may report any pre-existing damage not documented within the period specified in the specific terms and conditions or, failing that, as soon as reasonably possible and before commencing normal use of the vehicle.
2. TERM OF THE CONTRACT
The term of the hire shall be as specified in the specific terms and conditions, which shall set out the scheduled start and end dates and times.
The hire period shall be calculated in twenty-four-hour periods, unless the agreed rate specifies otherwise.
Early return of the vehicle at the customer’s discretion will not automatically entitle the customer to a refund for unused days, unless the agreed rate or specific terms and conditions expressly state otherwise.
The conditions governing cancellation, amendments, refunds and early return will depend on the selected rate plan and must have been communicated to the customer before the booking is confirmed.
3. EXTENSION OF THE CONTRACT
The customer must return the vehicle on the agreed date and at the agreed time.
Should the customer wish to extend the hire period, they must request this from Autos Elizabeth before the contract expires.
A request for an extension does not imply its acceptance. The extension will be subject to:
a) The availability of the vehicle.
b) The express approval of Autos Elizabeth.
c) An update to the rate, where applicable.
d) Payment of any additional charges.
e) The validity of the documentation, authorisations and insurance cover.
f) The in-person or electronic signature of the extension or the corresponding new contract.
The extension shall only be valid once Autos Elizabeth has issued an express confirmation by a means that allows its content to be verified.
Autos Elizabeth may require the return, inspection or replacement of the vehicle before authorising an extension.
There shall be no tacit extension. Use of the vehicle once the contracted period has ended, without express authorisation, shall be deemed unauthorised use.
4. DELIVERY AND CONDITION OF THE VEHICLE
The condition of the vehicle may be documented by means of:
a) The contract or handover report.
b) Photographs or videos taken by Autos Elizabeth.
c) Photographs or videos sent by the customer.
d) Electronic records associated with the booking.
e) Readings of mileage, fuel level or battery charge.
Before commencing normal use of the vehicle, the customer must check that they have the keys, documentation and accessories specified, and that the vehicle has no significant damage other than that already recorded.
Any fault affecting driving or safety must be reported immediately and before continuing the journey.
Acceptance of the vehicle without comment shall not prevent the customer from subsequently reporting a hidden defect, an accidental breakdown or an incident that could not reasonably have been detected at the time of handover.
5. RETURN OF THE VEHICLE
The customer must return the vehicle:
a) At the agreed place, date and time.
b) In a condition equivalent to that at the time of handover, except for normal wear and tear resulting from proper use.
c) With the keys, documentation, tools and accessories received.
d) With the fuel level or charge specified in the contract.
e) Free of any personal belongings or items.
f) Correctly parked and in accordance with the return instructions.
The customer may not alter the technical, mechanical, electronic, aesthetic or functional characteristics of the vehicle, nor install, remove or tamper with parts, stickers, devices or accessories without written authorisation.
In the event of unauthorised modification, the customer shall be liable for the reasonable and substantiated costs necessary to restore the vehicle to its previous condition, as well as for any damage directly caused.
5.1 Self-service or out-of-hours return
Where the return is carried out without staff present, the customer must follow the instructions provided by Autos Elizabeth regarding:
a) The location or parking space.
b) Handover or deposit of the key.
c) Locking or securing the vehicle.
d) Sending photographs, where requested.
e) Reporting of incidents.
The customer’s responsibility for the vehicle shall cease once the vehicle is at the specified location, the key has been handed over or left in accordance with the procedure provided, and the customer has complied with the remaining return instructions.
Where Autos Elizabeth expressly states that the key must be left inside the vehicle, this shall not be considered negligence or a breach of contract.
Autos Elizabeth will inspect the vehicle within a reasonable period following its return. Any damage or incident detected will be reported to the customer together with the available evidence.
6. DELAY OR FAILURE TO RETURN
Return of the vehicle after the agreed deadline will entitle Autos Elizabeth to charge for the additional time in accordance with the applicable rate, whilst respecting, where applicable, the grace period communicated to the customer.
Where the delay causes duly substantiated additional losses, Autos Elizabeth may claim reasonable expenses directly related to:
a) The recovery or location of the vehicle.
b) The deployment of staff.
c) The loss of a subsequent confirmed booking.
d) The need to provide an alternative vehicle to an affected customer.
The retention of the vehicle, failure to return it, an unjustified refusal to hand it over, or a prolonged inability to locate the customer may be reported to the relevant authorities.
Unilateral extension of the hire period shall be deemed unauthorised use and may result in the loss of contractual cover in respect of damage caused during that period, where there is a link between the breach and the incident.
7. PRICE, PAYMENTS AND METHODS OF PAYMENT
The customer undertakes to pay:
a) The hire price.
b) Applicable taxes.
c) The services and extras booked.
d) Any authorised extensions.
e) The costs and charges expressly provided for in the contract, in these terms and conditions, in the specific terms and conditions, or in the schedule of charges provided prior to booking.
The rate and its terms will be shown to the customer before the booking is confirmed and will be set out in the contractual documentation.
Payment may be made using the methods accepted by Autos Elizabeth, including Visa and Mastercard credit or debit cards and any other method specified at the time of booking.
Where a transaction is offered in a currency other than the euro, the conversion may be subject to the terms and conditions, exchange rates and fees of the institution processing the payment.
8. CHARGES FOLLOWING THE RENTAL
The customer authorises Autos Elizabeth to charge the payment method used for any amounts due, payable and contractually stipulated arising from the hire.
Before or immediately after making a subsequent charge, Autos Elizabeth will provide the customer with sufficient information regarding:
a) The nature of the charge.
b) The reason for the charge.
c) The amount.
d) The available evidence.
e) Whether the settlement is provisional or final.
Where it is not possible to determine the final amount at the outset, Autos Elizabeth may make a reasonable provisional assessment. Once the quotation, invoice, expert’s report or technical report has been obtained, the final settlement will be made and the corresponding difference will be refunded or claimed.
The customer may submit comments and provide evidence via the customer service channels provided by Autos Elizabeth.
The customer shall not be charged for pre-existing damage, normal wear and tear, accidental damage or amounts not sufficiently related to their hire period.
9. SPECIAL CLEANING
Routine cleaning resulting from normal use is included in the hire price.
Autos Elizabeth may apply a special cleaning charge where the vehicle is returned in a condition requiring exceptional treatment, such as:
a) Vomit or other bodily fluids.
b) Significant food or drink residues.
c) Significant stains on the upholstery.
d) Persistent odours of tobacco, vaping or other substances.
e) Dirt, mud or sand in quantities clearly exceeding those associated with normal tourist use.
f) Animal hair, odours or dirt caused by animals.
g) The need for disinfection or specialised treatment.
The charge shall correspond to the reasonable cost of the necessary service, in accordance with the previously communicated schedule of charges or the invoice or receipt for the service.
10. KEYS, DOCUMENTATION AND ACCESSORIES
The customer shall be liable for reasonable costs arising from:
a) Loss, breakage or damage to keys or remote controls.
b) Electronic keys becoming wet or rendered unusable.
c) Coding or programming a new key.
d) Provision of a duplicate.
e) Retrieval of a key locked inside the vehicle.
f) Loss or damage to documentation.
g) Loss or damage to accessories supplied.
h) Immobilisation directly caused by any of these circumstances.
The replacement of complete locks may only be claimed when necessary for technical or security reasons.
11. FUEL AND ELECTRIC CHARGE
The customer must return the vehicle with the fuel level specified in the contract or with the same level recorded at the time of handover, in accordance with the agreed policy.
Where the fuel level is lower, Autos Elizabeth may charge:
a) The cost of the fuel required to top it up.
b) The service charge previously notified, where applicable.
Unless otherwise specified in the specific terms and conditions, no refund will be given for fuel returned in excess of the agreed level.
The customer is responsible for using the correct fuel.
In the event of incorrect refuelling, the customer may be required to pay the reasonable cost of:
a) Draining and cleaning the fuel tank.
b) Towing and assistance.
c) Lost fuel.
d) Diagnosis.
e) Replacement of filters, pumps, injectors or other affected components.
f) Repair of mechanical damage.
g) Proven downtime.
For electric or plug-in hybrid vehicles, the specific terms and conditions relating to battery level, cables, connectors and charging points shall apply.
12. FINES, TOLLS AND ADMINISTRATIVE CHARGES
The customer shall be liable for any fines, tolls, penalties and consequences arising from offences committed during the hire period.
Autos Elizabeth may provide the authorities with the driver’s identity and contractual details in accordance with applicable legislation.
Where Autos Elizabeth is required to carry out an administrative procedure involving identification, processing or responding to a query, it may apply the charge previously set out in the schedule of charges.
The administrative charge does not constitute payment of the fine, which remains the responsibility of the offender, unless Autos Elizabeth has been legally obliged to pay it.
Where a fine is subsequently quashed for reasons attributable to Autos Elizabeth, any charges that are not due will be refunded.
13. COVERAGE INCLUDED
Unless otherwise specified in the specific terms and conditions, the rate may include:
13.1 Compulsory motor insurance and third-party liability
Cover for compulsory motor insurance and third-party liability, within the legally and contractually applicable limits and conditions.
13.2 Damage cover without excess
The premium includes contractual cover for accidental damage and collision without excess for the damage covered, provided that the vehicle is used in accordance with the contract.
This cover does not mean that any damage, breakdown, expense or conduct is covered.
13.3 Personal accident insurance
Where included, this will apply in accordance with the limits, beneficiaries, risks and exclusions set out in the relevant policy, the terms of which will be made available to the customer.
Coverage shall be subject to the policy taken out by Autos Elizabeth, the applicable legal provisions and the terms and conditions of this contract.
14. CONDITIONS FOR THE APPLICATION OF COVERAGE
Coverage shall be subject to the following conditions:
a) The vehicle is driven by an authorised person.
b) The driver holds a valid driving licence.
c) The vehicle is used within the authorised period and geographical area.
d) The customer reports the incident to Autos Elizabeth as soon as possible.
e) The accident report or claim form is completed.
f) Correct and truthful information is provided.
g) A police report is filed where necessary in the event of theft, vandalism, fire, disappearance or criminal acts.
h) The driver is not under the influence of alcohol, drugs, substances incompatible with driving or medication that prevents them from driving safely.
i) The incident must not be the result of unauthorised or negligent use.
j) The customer must not leave the vehicle without taking reasonable measures to protect it.
A purely technical breach or a delay that has not caused any harm will not necessarily result in the automatic loss of all cover. The consequence must be proportionate to the nature and seriousness of the breach and to the damage caused.
15. EXCLUSIONS FROM COVER
Unless the specific terms and conditions expressly state otherwise, the following are excluded from cover:
a) Fines, penalties, tolls and administrative charges.
b) Loss or damage to keys, documentation and accessories.
c) Refuelling with the wrong type of fuel.
d) Intentional damage.
e) Damage caused by an unauthorised driver.
f) Damage occurring after the end of the hire period without an authorised extension.
g) Damage occurring during prohibited or unauthorised use.
h) Damage resulting from driving under the influence of alcohol, drugs or substances incompatible with driving.
i) Damage caused by overloading, excess passengers or luggage.
j) Damage resulting from tampering with the vehicle or its systems.
k) Damage caused by ignoring warning lights, fault indicators or instructions to stop the vehicle.
l) Mechanical damage resulting from misuse or negligence.
m) Special cleaning.
n) Loss of personal belongings.
Specific cover for tyres, wheels, wheel trims, windows, mirrors, underbody, roof, interior, upholstery, aerials, charging cables and accessories must be clearly stated in the specific terms and conditions or in the cover annexe.
Where their inclusion is not expressly stated, it cannot be assumed that these items are covered under the commercial designation ‘comprehensive cover with no excess’.
16. BREAKDOWNS AND MECHANICAL DAMAGE
The customer must use the vehicle’s mechanical and electronic components correctly.
Coverage without an excess does not include mechanical breakdowns, damage or faults that are a direct consequence of incorrect or negligent use, or use contrary to normal driving instructions.
Where there is a causal link to improper use, damage to the following may be excluded:
a) Clutch.
b) Gearbox.
c) Drivetrain.
d) Engine.
e) Cooling system.
f) Lubrication system.
g) Brakes.
h) Suspension.
i) Electrical or electronic systems.
j) Emission control systems.
k) Other mechanical components.
The following, amongst others, shall be considered indications of possible misuse:
a) Exceptional overheating of the clutch.
b) Prolonged use of the clutch in a partially engaged state.
c) Holding the vehicle on a gradient by letting the clutch slip.
d) Repeated incorrect gear selection.
e) Revving the engine excessively.
f) Driving without oil, coolant or other necessary fluids after a warning has been detected.
g) Continuing to drive after an obvious fault has become apparent.
h) Driving through flooded areas or through pools of water unsuitable for the vehicle.
i) Using the wrong fuel or product.
Normal wear and tear, accidental breakdowns, pre-existing defects and faults not attributable to the customer shall be borne by Autos Elizabeth.
In order to make a claim for mechanical damage, Autos Elizabeth must be provided with evidence that reasonably substantiates its cause, such as a technical report, workshop diagnosis, photographs, mileage, maintenance history or information on the condition of the parts.
The mere occurrence of a fault during the hire period shall not automatically imply liability on the part of the customer.
17. OBLIGATION TO STOP THE VEHICLE
The customer must stop the vehicle in a safe place and immediately contact Autos Elizabeth or the breakdown service when:
a) A red warning light or a serious fault light comes on.
b) The engine temperature is abnormal.
c) There is a leak of oil, coolant, fuel or other fluids.
d) Abnormal noises, odours, vibrations or smoke are detected.
e) A significant loss of power is detected.
f) There are serious difficulties with braking, steering or changing gear.
g) The vehicle has sustained an impact that may affect safety.
h) There are any circumstances that could reasonably aggravate the damage.
Continuing to drive when it is clearly unsafe or may aggravate a fault may be considered negligence.
The customer must not order or carry out any repairs without the authorisation of Autos Elizabeth, except in the case of urgent measures that are essential to avoid an immediate danger.
18. ROADSIDE ASSISTANCE AND TOWING
In the event of a breakdown or incident, the customer must contact the telephone number provided by Autos Elizabeth.
Autos Elizabeth will provide assistance where the incident is the result of an unforeseen breakdown, a fault with the vehicle or a cause not attributable to the customer, within the contractual limits.
The customer may be liable for the cost of the recovery vehicle, assistance or recovery where the incident arises from:
a) Loss or damage to keys.
b) Incorrect refuelling.
c) Running out of fuel.
d) A flat battery caused by leaving lights or devices switched on.
e) Use off authorised roads.
f) Immobilisation due to a traffic offence.
g) Abandonment of the vehicle.
h) Damage or negligence attributable to the customer.
i) Ignoring warnings or instructions to stop.
Vehicle replacement will be subject to availability and will not be provided automatically where the breakdown or immobilisation is attributable to the customer.
19. OBLIGATIONS IN THE EVENT OF AN ACCIDENT, THEFT OR VANDALISM
In the event of an accident, the customer must:
a) Report the incident immediately to Autos Elizabeth.
b) Secure the vehicle and prevent further damage.
c) Obtain the details of the other party and any witnesses.
d) Take photographs where possible.
e) Complete an amicable accident report or accident report form.
f) Not admit liability or agree to any compensation on behalf of Autos Elizabeth or its insurer.
g) Notify the authorities in the event of injuries, discrepancies, a hit-and-run, a possible offence or whenever it is necessary to clarify the facts.
h) Do not leave the vehicle without taking reasonable security measures.
i) Do not continue driving if the vehicle is not in a safe condition.
The report and any available information must be submitted as soon as possible and, unless there is a valid reason, within the following forty-eight hours.
In the event of theft, attempted theft, vandalism, fire or disappearance, the customer must report this immediately and file the relevant police report.
20. UNAUTHORISED USE
The customer must use the vehicle with due care and avoid any conduct that may cause damage.
The following, amongst others, are considered unauthorised uses:
a) Allowing a person not named in the contract to drive the vehicle.
b) Pushing or towing vehicles or objects, unless expressly authorised.
c) Taking part in races, competitions, speed trials or sport driving.
d) Using the vehicle to learn or teach someone to drive.
e) Driving on beaches, riverbeds, flooded areas, circuits, closed tracks or unsuitable locations.
f) Driving on roads whose condition is manifestly incompatible with the vehicle’s characteristics.
g) Driving on unauthorised tracks or roads closed to traffic.
h) Entering airport, port, military or restricted areas without authorisation.
i) Transporting dangerous, flammable, toxic or illegal goods.
j) Subletting, transferring or commercialising the use of the vehicle.
k) Using it for activities contrary to the law.
l) Carrying more passengers or cargo than permitted.
m) Overloading the vehicle.
n) Tampering with the odometer, tracking device, control unit or electronic systems.
ñ) Disabling safety systems.
o) Driving under the influence of alcohol, drugs or incompatible medication.
p) Driving whilst fatigued or suffering from an illness that prevents you from doing so safely.
q) Driving recklessly or with deliberate negligence.
r) Using the vehicle for paid transport without authorisation.
s) Using the vehicle outside the authorised geographical area.
t) Transporting the vehicle between islands or outside the authorised territory without consent.
u) Continuing to use the vehicle after the contract has ended.
v) Continuing to drive after a breakdown or serious warning.
w) Using the wrong type of fuel.
x) Smoking or vaping inside the vehicle where this is expressly prohibited.
y) Transporting animals without authorisation or in breach of the established conditions.
Unauthorised use may entitle Autos Elizabeth to terminate the contract and claim compensation for the damage actually caused.
The loss or limitation of cover will require there to be a causal link between the unauthorised use, the breach and the damage caused, except in cases that are legally or contractually incompatible with the cover.
21. ANIMALS
The transport of animals will require prior authorisation from Autos Elizabeth, except in the case of assistance animals as defined by law.
Where authorisation is granted, the customer must:
a) Use a suitable pet carrier or restraint system.
b) Avoid causing damage to the interior.
c) Carry out a reasonable clean-up.
d) Comply with road safety regulations.
Damage, odours, hair or excessive dirt may result in a special cleaning or repair charge.
22. DRIVING LICENCE AND AGE
The customer and all authorised drivers must:
a) Be at least twenty-one years of age, unless specific terms and conditions stipulate a different age for a particular category.
b) Hold a driving licence valid in Spain.
c) Have held the licence for at least two years.
d) Present the original licence or a legally acceptable document.
e) Present an international driving permit where necessary.
f) Hold a valid identity card or passport.
Licences that are expired, suspended, revoked, altered or which do not authorise the driving of the hired vehicle will not be accepted.
Autos Elizabeth may impose additional requirements for certain categories, provided that these have been communicated prior to booking.
23. AUTHORISED DRIVERS AND JOINT AND SEVERAL LIABILITY
Only those persons expressly identified and authorised in the contract may drive the vehicle.
The main customer and any additional drivers who have accepted the contract shall be jointly and severally liable for their legal and contractual obligations.
The main customer must ensure that all drivers are aware of and comply with these terms and conditions.
24. CHILD RESTRAINT SYSTEMS
The customer must inform us if they require a child restraint system.
Autos Elizabeth may provide, in accordance with the applicable rate, an approved device suitable for the child’s height, weight or age as provided by the customer.
The customer shall be responsible for:
a) Selecting the appropriate type according to the child’s characteristics.
b) Checking its compatibility.
c) Installing and adjusting it correctly.
d) Using it throughout the journey.
e) Complying with current regulations.
The provision of the device does not imply that Autos Elizabeth is responsible for its installation, unless this has been expressly agreed in writing.
Children must use an approved child restraint system whenever this is mandatory under current regulations.
25. PERSONAL BELONGINGS
Autos Elizabeth accepts no liability for items left behind, lost or stolen from inside the vehicle, unless the damage results from wilful misconduct or gross negligence directly attributable to the company.
Found items may be retained for the period specified in the internal lost property protocol.
The customer shall bear the costs of delivery or collection.
Autos Elizabeth may immediately remove perishable goods, hazardous substances, waste or objects that pose a health or safety risk.
26. CATEGORY RESERVATION AND SUBSTITUTION
The reservation relates to a category or group of vehicles and does not guarantee a specific make, model, colour or version, unless expressly confirmed.
Autos Elizabeth may provide an equivalent vehicle or one of a higher category at no additional cost.
If it is only possible to provide a lower category, either temporarily or permanently, a proportional adjustment to the price will be made where applicable.
Essential features that are expressly guaranteed, such as automatic transmission, a minimum number of seats or specific adaptations, must be provided or replaced by an equivalent solution accepted by the customer.
27. CANCELLATION, AMENDMENT AND NO-SHOW
The cancellation and amendment terms shall be those corresponding to the contracted rate.
A no-show shall be deemed to have occurred when the customer:
a) Fails to collect or access the vehicle within the specified time frame.
b) Fails to contact Autos Elizabeth.
c) Fails to provide the required documentation.
d) Fails to make payment or sign the contract.
e) Fails to meet the age or driving licence requirements.
In the event of a flight or transport delay, the customer must notify us as soon as possible.
Autos Elizabeth will endeavour to honour the booking for the period specified, but cannot guarantee the vehicle’s availability indefinitely.
Where Autos Elizabeth is unable to provide the service for reasons attributable to the company, it will offer an equivalent solution or a refund of the amounts corresponding to the service not provided.
28. MILEAGE AND GEOGRAPHICAL SCOPE
Mileage shall be unlimited where this is specified in the rate or contract.
Any special limits applicable to long-term hire, specific vehicles or business use must be set out in the specific terms and conditions.
The vehicle may only be driven within the authorised geographical area.
It may not be transported between islands, taken on board a vessel, taken out of Spain or used outside the permitted territory without the express written authorisation of Autos Elizabeth.
29. IMMOBILISATION AND LOSS OF USE
Where damage attributable to the customer results in the immobilisation of the vehicle, Autos Elizabeth may claim for the actual and reasonably substantiated loss of use for the period required for the repair.
The following may be taken into account for the calculation:
a) The reasonable technical duration of the repair.
b) The availability of spare parts.
c) The confirmed bookings affected.
d) The category and reasonable average rate of the vehicle.
The customer shall not be held liable for extraordinary delays unrelated to the damage or for unjustified periods of inactivity.
30. DATA PROTECTION AND REGISTRATION OBLIGATIONS
Personal data will be processed by Autos Elizabeth for the following purposes:
a) To manage bookings and contracts.
b) To verify identity and driving licences.
c) To manage payments, deposits and charges.
d) To provide assistance.
e) To manage accidents, damage and claims.
f) To prevent fraud.
g) To process fines and administrative notices.
h) To comply with legal registration and reporting obligations.
i) Manage communications relating to the hire.
Full information on data protection, legal bases, recipients, retention periods and the exercise of rights is available in Autos Elizabeth’s privacy policy.
Where vehicles are fitted with tracking, connectivity or telemetry devices, the customer will be informed of their existence, purposes and conditions of use in accordance with applicable regulations.
Autos Elizabeth will comply with the legal obligations regarding record-keeping and reporting applicable to self-drive car hire companies.
31. COMMUNICATIONS AND ELECTRONIC SIGNATURES
The customer agrees that communications relating to the booking and the contract may be made via:
a) Email.
b) SMS.
c) WhatsApp or other messaging services provided by the customer.
d) An electronic signature platform.
e) A private customer area or booking management link.
The customer shall be responsible for providing correct contact details and for notifying any changes.
An electronic signature, acceptance by means of a code, a tick box or an equivalent procedure shall be valid where it enables the identity, intent and accepted content to be verified in accordance with applicable legislation.
32. EARLY TERMINATION
Autos Elizabeth may terminate the contract early in the event of a material breach, such as:
a) Unauthorised use.
b) False information or documentation.
c) Non-payment.
d) Driving by an unauthorised person.
e) Serious risk to the vehicle or third parties.
f) Unjustified refusal to return the vehicle.
g) Use of the vehicle for an illegal activity.
In such cases, the customer must return the vehicle immediately in accordance with the instructions received.
Termination shall not preclude the right to claim any amounts due or damages directly caused by the breach.
33. COMPLAINTS AND CUSTOMER SERVICE
The customer may submit complaints via:
Email: BOOKING@AUTOSELIZABETH.COM
Postal address: CAMINO LAS CUESTAS 13, TIAS LANZAROTE
Telephone: 928510812
Autos Elizabeth has official complaint forms available to customers.
The submission of a complaint does not limit the customer’s rights under consumer legislation.
34. APPLICABLE LAW AND JURISDICTION
The contract shall be governed by Spanish law.
Where the customer is a consumer, any dispute shall be submitted to the competent courts and tribunals in accordance with consumer protection legislation and the mandatory rules on territorial jurisdiction.
Where the customer is not a consumer, the parties may agree to submit to the courts specified in the specific terms and conditions, provided that such submission is legally valid.
35. PARTIAL INVALIDITY
If any clause is declared null and void, invalid or unenforceable, this shall not affect the remainder of the contract, which shall remain in force provided it can continue to exist without the clause in question.
The invalid clause shall not be interpreted or replaced in such a way as to reduce the consumer’s mandatory rights.
36. TRANSLATIONS
Translations are provided to aid the customer’s understanding.
Autos Elizabeth shall endeavour to ensure that all versions faithfully reproduce the content of the Spanish version.
In the event of any discrepancy in interpretation, the Spanish version shall prevail, unless a mandatory provision or the specific circumstances of the contract dictate otherwise.
37. ACCEPTANCE
By signing the contract, either by hand or electronically, the customer declares:
a) That they have received information regarding the price and the rate.
b) That they have had access to these general terms and conditions.
c) That they have been informed of the main cover and exclusions.
d) That they have reviewed or had access to the documented condition of the vehicle.
e) To accept the specific and general terms and conditions of the rental.
Acceptance does not imply a waiver of the mandatory rights granted to the customer under applicable legislation.
Car Rental Agreement
The customer represents the contract holder. Typically, the driver is the contract holder. Assign a different customer from the driver only if you want the contract to be under another person’s name. This does not affect billing, as you can always request the invoice with different tax details than those on the contract.
